Opinion 08-189

January 5, 2009

Dear Justice:

         This responds to your inquiry (08-189) in which you ask whether you may announce your candidacy for Supreme Court in the Second Judicial District and engage in related political activity even though no vacancy presently exists. This Committee has concluded, under similar circumstances, that such political activity is prohibited unless and until there is an actual vacancy.

         Please refer to Opinion 97-45, enclosed for your convenience, which addresses this issue.

Very truly yours,

George D. Marlow

Justice of the Supreme Court

Committee Chair

Encl.